Registration of Copyright

Registration of Copyright

Registration of Copyright:
Copyright is available to the owner as soon as the work has been done or intellectual property has been created. There is no such legal term to get the copyright registered. However, if the copyright is registered it can be used as a prima-facie evidence in the Court. The Department of Education provides for the facilities for registration of copyright. The same can be done with the help of the Registrar of Copyright, who is entitled to provide the owner with the certificate of registration.

Guidelines for Copyright Registration:
Chapter VI of the Copyright Rules, 1956, as amended, sets out the procedure for the registration of a work. Copies of the Act and Rules can be obtained from the Manager of Publications, Publication Branch, Delhi or his authorised dealers on payment. The procedure for registration is as follows:

  • Application for registration is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules ;
  • Separate applications should be made for registration of each work;
  • Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ; and
  • The applications should be signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.

Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.
Under the Copyright Act, 1957, both published as well as unpublished work can be registered. In case of published work, the owner must send three copies of the published work to the Registrar for the purpose of registration. The Registrar will duly stamp the copies and give one copy to the owner and the other will be kept in the office as a confidential document. In case of an unpublished work the owner has to send the manuscript of the work along with the application. The owner also has a right to send the extracts of the unpublished work instead of manuscript and shall ask for the duly tamped copy back with the seal of the Copyright Officer.

In case of a work that was created before the enforcement of the Copyright Act, 1957 i.e. before 21st January, 1958, the same can be registered under the Act, provided the work still enjoys copyright.
 
When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form V with prescribed fee.

Documents needed at the time of Registration:
The following document must be along with the application for Registration:

  • Name and place of residence and nationality of the applicant
  • Name, nationality and place of residence of the author
  • Title of the work
  • Nature of interest of the applicant in making the application
  • A declaration signed by the author
  • Language of the work
  • Whether the work in published or unpublished
  • If the work is published, the year and country of the first publication of the work
  • Subsequent countries where it has been published
  • Six hard copies and three soft copies of the work



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